Talaq by the Words “We Have Left Her”

Question

Question: The said Shakir Khan said to his wife Zubayda in the presence of witnesses: “We have left her, and let her take from us the five hundred rupees of khul‘.” In this case, will the said Zubayda have an irrevocable (ba’in) talaq from her husband?

Answer

By saying thus to the wife, “We have left her”, one revocable (raj‘i) talaq will take effect. The validity of khul‘ depends on the wife’s acceptance: if she accepts it right then, it becomes valid; otherwise khul‘ is not valid. Moreover, in khul‘ something is given, and it is the wife who gives, not the husband.

Source: Fatawa Mahmudiyya

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